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Employee Suspensions Do Not Constitute A Material Adverse Action When Following A Progressive Discipline Policy

In the case of Moody v. Ohio Dpt. Of Health & Addiction Servs. 2021-Ohio-1525, the Court held that an employee who receives paid suspensions in accordance with a progressive discipline policy cannot use those suspensions as evidence in a discrimination claim.

In this case, the Court determined that plaintiff did not present enough evidence to make an employment discrimination claim or a retaliation claim against his employer. Central to the Courts ruling was the fact that the defendant followed their progressive discipline policy and the tactics used in reprimanding the employee did not constitute adverse employment action.

Therefore, the defendant’s actions did not qualify as evidence of discrimination.

To read this case, click here.

Authors: Matthew John Markling and the McGown & Markling Team.

Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.

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